Whittington v. State

OPINION

ALARID, Judge.

{1} The opinion filed on August 3, 1999, is withdrawn on the Court’s own motion, and the following opinion is substituted in its place. On remand from the United States Supreme Court, we are asked to reconsider our decision in Whittington v. Department of Public Safety, 1998-NMCA-156, 126 N.M. 21, 966 P.2d 188, judgment vacated by New Mexico Dept. of Public Safety v. Whittington, — U.S. -, 119 S.Ct. 2388, 144 L.Ed.2d 790 (1999), in light of the Supreme Court’s decision in Alden v. Maine, 527 U.S. 706, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). Upon doing so we now affirm the…